territorial claims in the South China Sea

Only Need Completion of Essay #2 on this assignment

Essay #2 Background:

There are always two sides to every story. As for territorial claims in the South China Sea, according to the United Nations Convention on the Law of the Seas (1973), every country has the right to control territorial waters stretching out 12 nautical miles from its coast. They can also claim an exclusive economic zone extending up to 200 nautical miles, within which they can regulate economic activity like fishing and oil exploration. Foreign warships can pass through a country’s territorial waters in what the law calls “innocent passage” but cannot conduct operations there, such as military exercises. Is China’s military expansion and artificial island building in the South China Sea then illegal?  But again, there are no sides to every argument:

Side #1, held by the United States and those countries bordering the South China Sea, including the Philippines, Brunei, Vietnam, Indonesia, and Malaysia: China’s Nine Dash Line has no basis in law; China’s territorial claims are based on flimsy or non-existent historical evidence; China’s island building is illegal because these actions violate the United Nations United Nations Law of the Seas and United Nations Maritime Law (especially the EEZ component of UNML). (FYI: The U.N. Convention says states can build artificial islands in their exclusive economic zones, but it says countries can base their claims to maritime rights only on naturally formed land features).

Side No. 2: China says it has a historical claim to everywhere inside its nine Dash Line, and these claims date back 2,000 years. For instance, in 111 BCE Han dynasty boats patrolled area in the South China Sea (SCS). Chinese records from 220-265 CE contain descriptions of some islands, and that Chinese boats traveled there.  Ruins of inhabited Chinese living structures and pottery from the Tang and Song dynasties have been found on some of the islands and reefs, indicating actual Chinese habitation. Chinese coins from the Tang (618-907) and Ming dynasties (1368-1644), dating from 713–1425, were found in reefs in the SCS. During the Ming dynasty in the 1400s, Chinese naval envoys passed through the area, writing about the islands. A map dated from about 1775 and maps from between 1810 to 1817, all made during the Qing dynasty, show the islands as Chinese territories.

Source: https://www.airuniversity.af.edu/JIPA/Display/Article/2528218/historically-mine-the-potentially-legal-basis-for-chinas-sovereignty-claims-to/

For additional information on historical claims to the SCS, see the article by Professor Johannes Kurz, sent to everyone in the class earlier.

Essay #2: Essay Question: Assume a position that is either supportive of, or against, China’s claim to all SCS waters and territory within its Nine Dash Line. Be sure to clearly articulate and explain the reasons why you are supportive of, or against, China’s claims. Every statement you make must be explained in detail and, where applicable and feasible, supported by facts (not opinions). Also, when making your argument, you might consider arguing how the arguments of those who oppose your view are unreliable or faulty.  For this essay question, you are free to use outside-of-class sources (in English or in Chinese) on occasion (please! Do not cite lots of outside sources! Just one or two will suffice.). Just make sure the information in sources you cite are factual and reliable. Tip: Beware of government propaganda and publications! Oftentimes such information is not reliable.